Harassment and Discrimination Reporting Procedures

1. Procedures for Complaints of Harassment and Discrimination

The following procedure for complaint is not only intended to address specific complaints brought forward, but also to foster healing and aid in resolution where possible. As a Christian community, Providence seeks to go beyond the procedures available by the legal system of justice to restoration and reconciliation, as made possible through Christ and biblical teaching. While Providence promotes, where appropriate, a biblical resolution of problems associated with harassment and discrimination, it considers all such behaviour to be a serious offence worthy of formal investigation and subject to a range of disciplinary measures including dismissal or expulsion. The following procedures are provided to all members of the Providence Community to facilitate making complaints and to govern inquiry into all cases where harassment is alleged, either by the target or by a witness. However, it is recognized that a target may not be willing to pursue or feel safe pursuing the first stage (personal confrontation), in which case they shall be entitled to begin the process at the second stage (informal consultation). The process can be terminated at any point prior to the conclusion defined herein, if the complainant withdraws the complaint and if the supervisor of the process is satisfied that acceptable closure has been achieved.

Providence maintains that it is biblically (Matt. 18:15) and personally preferable to confront harassment or discriminatory behaviour. Ideally, this should occur as soon as the behaviour occurs, but in cases where there is a gradual accumulation of grievances, a separate meeting or exchange of written statements may be necessary. The purpose of such a meeting or exchange is to specify and stop offensive behaviour and to seek repentance and reconciliation. Regardless of the outcome of such interaction, the complainant retains the right to proceed to the next stage if they feel that justice has not yet been served.

Direct personal confrontation may not be possible or wise in cases where the target does not feel safe to confront the offender and where confrontation may cause further trauma. If that is the case, the target should move to Stage 2 or 3.

Students: A student who wishes to make a complaint about harassment or discrimination against another member of the Providence community should communicate with the Vice President of Student Life. This can be done in-person, through email, or through the Complaint and Grievance Form (https://my.prov.ca/student-handbooks/student-handbooks/student-policies-handbook/policies-and-procedures/complaint-grievance-procedure/).

Employees: An employee who wishes to make a complaint about harassment or discrimination against another member of the Providence Community should communicate with the Director of Human Resources. An employee can also use the Complaint and Grievance Form (above), but the form will be received by the Vice President of Student Life and forwarded to the Director of Human Resources.

Individuals who wish to make a complaint about the Vice President of Student Life or the Director of Human Resources should reach out directly to the President through email, by phone, or in person.

The specific purposes of such informal consultations are:

  • To provide the person with the opportunity to sound out and explore personal feelings with a responsible, impartial confidante,
  • To review the incident or pattern of behaviour for further clarification,
  • To clarify the interpretations, meanings, and perceptions of those words and actions held by the target,
  • To determine if the alleged conduct violates the Harassment and Discrimination Policy,
  • To discuss the options available to the target
  • To determine if interim measures need to be taken to ensure the safety of the target. Interim measures may impact the respondent and the complainant but are not considered disciplinary. Examples may include, but are not limited to, prohibitions on contact between the complainant and respondent, counselling supports, accommodations for remote work, extensions on coursework, changes in residence, removal from a sports team, or other.

The complainant may choose any of the following options in Stage Two:

  • Not pursue further action,
  • Confront the accused personally,
  • Ask the Vice President of Student Life, Director of Human Resources, or an Administrator to confront the accused on behalf of the complainant,
  • Arrange a formal meeting between the complainant and the accused with the Vice President of Student Life or Director of Human Resources acting as either an advocate or mediator,
  • Begin a Formal Investigation (Stage Three),

During Stage Two, the Vice President of Student Life or the Director of Human Resources (as appropriate) will keep accurate and detailed notes of the complaint and the actions taken. Procedural fairness will be followed in all cases, and disciplinary actions will not be taken against the respondent unless a formal investigation is pursued.

After the informal consultation, the complainant may submit a Formal Report of harassment or discrimination to the Vice President of Student Life or the Director of Human Resources (as appropriate). An Harassment Investigative Committee is appointed by the President, consisting of one member of the administration, one member of the faculty, one member of the staff, and the Harassment Investigation Representative (Chairperson). The Chairperson will typically be either the Vice President of Student Life (if the complainant and respondent are students) or the Director of Human Resources (if the complainant and respondent are employees). In cases where there is a combination of employees and students, the Vice President of Student Life and the Director of Human Resources will decide together who is in the best position to chair the committee.

In cases of real or perceived conflict of interest, a different Chairperson will be chosen by the President.

The Harassment Investigation Representative (in consultation with the President) is responsible to initiate the following sequence of events:

  1. A written and signed Formal Report will be obtained from the complainant. The complainant may be asked to meet with the Committee to give additional details of the incident(s).
  2. A summary of the allegations will be given to the respondent.
  3. The Committee shall meet with the respondent to give them an opportunity to respond to the allegations.
  4. The Committee will interview any witnesses it considers appropriate,
  5. The Committee will decide, based on the Balance of Probabilities, whether they believe the Harassment and Discrimination Policy was violated by the respondent. The Committee will also determine an appropriate consequence if the respondent was found in violation of the policy.
  6. The Chair shall communicate the decision of the Committee to the respondent and to the complainant in the form of formal letters. The President will be informed of the conclusions of the Committee.

In cases that are more complex, involve significant trauma, or in which there is a real or perceived conflict of interest, Providence reserves the right to hire an external investigator to investigate the complaint. The process of the external investigator may differ slightly from the process outlined above, but it will follow Procedural Fairness.

In any formal investigation process, the following core commitments will be upheld and made known to all involved:

  1. Each person involved in the investigation is required to identify any conflicts of interest that may affect their decision-making abilities. This may include personal or work relationships with the complainant or respondent or a position of authority. Any person involved may be asked to step down from their role in the investigation at any time for reasons of substantiated conflict of interest;
  2. Each person involved in the investigation is required to identify if their involvement causes them to work beyond their level of skill or expertise;
  3. Each person involved in the investigation will keep the details of the investigation confidential (see details on confidentiality below). Adjudicators may need to consult with others to ensure that they are following best practices. This is to be done as confidentially as possible; and
  4. The number of times that a complainant is asked to repeat an account of harassment of discrimination during an investigation will be minimized in order to reduce further trauma.

2. Education, Prevention, and Awareness

Providence is committed to contributing to the creation of a campus culture in which harassment and discrimination are not tolerated. We recognize that this will not happen without education, active prevention, and intentionality.

  1. Providing education to all members of the Providence Community about harassment and discrimination and how all types of discrimination and harassment violate the Covenant of Community Life, the Manitoba Human Rights Code, and the Workplace Safety and Health Act;
  2. Providing education so that every member of the Community understands that behaviours influenced by or that demonstrate evidence of conscious or unconscious bias, prejudice, negative stereotypes, etc., are often the root cause of harassment and discriminatory behaviours;
  3. Providing tools to help all members of the community eliminate unconscious bias from influencing their actions, resulting in harassment and discriminatory behaviours;
  4. Providing tools to help all members of the community recognize and respond to harassment and discrimination that they see around them;
  5. Providing mandatory education for all students at orientation, including additional education for student athletes and all residents living on campus. This education will be ongoing, and Providence will also use platforms such as social media and digital media to raise awareness.

3. Burden of Proof

For a formal report made pursuant to this policy, investigations will begin with the presumption that the complainant is telling the truth. However, no disciplinary action will be taken against the respondent unless there is sufficient evidence to support the allegations made by the complainant.

In the rare occurrence that disclosures or complaints that are found following investigation to be made purposely to annoy, embarrass, or harm the respondent or others may result in disciplinary action against the complainant.

4. Amnesty

As a way of reducing barriers to reporting incidents of harassment and discrimination, students who come forward with a complaint made in good faith will be exempt from discipline by Providence for violating areas of the Community Life Policies and Procedures related to consumption of drugs, alcohol, open dorm hours, previous consensual intimacies that violate Providence policies, and other similar violations, insofar as they relate to the incidents in question.

5. Third Party Disclosure

If a member of the Providence Community witnesses or hears about an incident of harassment or discrimination, they are encouraged to report the incident under this policy. However, Providence may choose not to pursue the investigation if the target does not wish to proceed.

6. Other Proceedings

Where criminal or civil proceedings are initiated regarding an incident of harassment or discrimination, Providence may simultaneously conduct its own investigation in accordance with this Policy or may choose to suspend its investigation while external proceedings are ongoing. Where there is an ongoing investigation, Providence will cooperate with external authorities.

7. Rights

In order to safeguard the rights of all concerned, any person who avails themself of this Policy and any person involved in a process governed by this Policy has the right to be accompanied by a person of their choosing for support. If they wish to bring more than one person, the request may be approved by the individual they are meeting with (e.g., the Committee, the investigator).

The confidentiality of all persons involved in a complaint about harassment or discrimination will be observed as much as possible. This is in order to protect the rights of those involved in the allegations, to preserve the integrity of the investigation, and to safeguard individuals against unsubstantiated allegations. Providence will make every reasonable effort to maintain confidentiality when it is made aware of an incident and will limit disclosure of information about individuals to those within Providence who need to know for the purposes of addressing or investigating the situation or taking corrective action.

However, confidentiality cannot be assured in the following circumstances:

    1. An individual is at imminent risk of self-harm;
    2. An individual is at imminent risk of harming another;
    3. There are reasonable grounds to believe that others in the Providence Community or elsewhere may be at risk of harm;
    4. When the situation involves the abuse of a minor, in which case, reports must be made to external agencies, and/or
    5. When Providence is ordered by a court to release confidential or privileged information.

In such circumstances, information would only be shared with necessary services to prevent harm, and the name of the target would not be released to the public.

Complainants, respondents, and witnesses are expected to keep the details of any case confidential outside their immediate circle of support (e.g., their named support person, as well as immediate family members) during the investigation process, in order to ensure the integrity of the investigation and decision-making process.

Any information or documentation created regarding a formal complaint, including the written formal complaint, written responses, witness statements, investigation notes and reports, and documents related to the formal complaint and its investigation will be securely maintained by the Student Life Department or by Human Resources as appropriate.

Providence will provide the complainant with information regarding the outcome of the complaint, whether or not a sanction was imposed, and in some cases, the details and terms of the sanction, if any.

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